The Brief
What You Need to Know. No More, No Less.
What Is a Motion for a Required Finding of Not Guilty in Massachusetts?
A motion for required finding of not guilty asks the judge to dismiss the case after the Commonwealth rests. Learn how it works in Massachusetts trials.
In a Massachusetts criminal trial, a motion for a required finding of not guilty is one of the most important tools a defense lawyer has. It’s a way to ask the judge to dismiss the case before it ever goes to the jury.
Under Mass. R. Crim. P. 25(a), the defense can make this motion after the Commonwealth closes its case. The judge has to look at the evidence in the light most favorable to the prosecution and decide whether a rational jury could find each element of the crime beyond a reasonable doubt.
If the evidence falls short, even slightly, the judge must allow the motion and enter a not guilty finding. No jury vote. No further argument. The case ends right there.
I’ve used this motion to win cases when the Commonwealth’s witnesses contradicted themselves, when key facts weren’t proven, or when the evidence simply didn’t meet the legal standard, even if it sounded bad at first glance.
Judges are sometimes reluctant to take a case away from the jury, but the law is clear. If the prosecution doesn’t meet its burden, the defense has every right to ask for a required finding, and sometimes, that’s all it takes to win.
What Is a Continuance in a Criminal Case in Massachusetts?
Continuances are common in criminal cases, but they’re not always harmless. Learn how they work in Massachusetts and when to be cautious.
In Massachusetts, a continuance means the court is postponing your case to a future date. It can happen for all kinds of reasons such as missing discovery, witness availability, ongoing negotiations, or simple court congestion.
But continuances are more than just scheduling changes. They can affect your strategy, your rights, and even your liberty.
Sometimes a continuance benefits the defense: it gives us time to prepare, negotiate, or file motions. Other times, it’s the Commonwealth asking for more time and that’s where I push back. If the prosecution isn’t ready, I may argue for dismissal or to exclude evidence.
These continuances are not to be confused with a continuance without a finding (CWOF), which is a resolution to the case.
I always review the reason for every continuance and whether it’s helping or hurting your case. What sounds like a routine delay can sometimes signal a larger opportunity or a growing risk.
What Is the Role of the District Attorney in Massachusetts Criminal Cases?
In Massachusetts, the DA decides whether to bring charges, offer deals, or go to trial. Learn what role they play in your criminal case.
The District Attorney (DA) plays a central role in every Massachusetts criminal case. They decide whether to prosecute, what charges to file, and how to handle the case, from arraignment to trial.
Once a police department files a complaint or makes an arrest, the DA’s office steps in to review the evidence and decide whether to move forward. They can amend charges, drop a case entirely, or bring it before a grand jury in serious cases.
DAs also negotiate plea offers. They decide whether to offer diversion, probation, or jail time, and whether to object to things like bail or record sealing.
It’s important to understand that the DA isn’t just “the government.” They’re individual prosecutors with discretion. That means strategy matters. I work to present my client’s side early, file targeted motions, and leverage legal issues to shift how the case is charged and resolved.
Facing the DA’s office isn’t just about facts, it’s about how the law is used. Knowing how they operate is key to a strong defense.
What Is a Criminal Summons in Massachusetts?
A criminal summons means you’re being charged but not arrested. Here’s how it works in Massachusetts and what to do if you get one.
If you receive a criminal summons in Massachusetts, it means you’ve been charged with a crime, but the court is giving you a chance to appear voluntarily instead of being arrested.
Summonses are typically issued for misdemeanors or low-level felonies when the police file an application for complaint. If a clerk magistrate finds probable cause, they’ll issue the summons and schedule an arraignment.
It’s a serious document, even if it doesn’t come with handcuffs. Ignoring it can lead to a default warrant and possible arrest. If you get one, you should treat it exactly like an arrest because that’s what the court will do at your arraignment.
I’ve helped many clients resolve charges before their arraignment after receiving a summons. Acting quickly can make a big difference: you may be able to avoid bail, negotiate terms, or even stop the case from being issued in the first place.
If a summons shows up in your mailbox, don’t wait until your court date. That envelope is the beginning of a criminal case and the sooner you respond, the more control you have.
What Is Discovery in a Criminal Case in Massachusetts?
Discovery is the formal process of getting the evidence against you. Here’s how it works in Massachusetts criminal cases—and why it’s critical.
In every Massachusetts criminal case, the defense has the right to receive discovery—copies of the evidence the prosecution plans to use.
This can include:
- Police reports
- Surveillance video
- 911 calls
- Witness statements
- Forensic results like fingerprints or DNA
Discovery is governed by Rule 14 of the Massachusetts Rules of Criminal Procedure. In most cases, the Commonwealth must turn over basic materials within a set timeline after arraignment. But not everything is automatic—sometimes you have to file a motion to get specific items.
I often see discovery come in late, incomplete, or missing key records. That’s why I push aggressively for full disclosure. If the government delays or fails to provide evidence, we can file a motion to compel—and in some cases, exclude the evidence altogether.
Understanding what’s in discovery (and what’s not) can make or break a defense. I don’t just wait for the file—I go after what matters.